Asked in Civil
Please note it is sine qua non to order or withhold terminal benefits of a retired employee you must be satisfied that government or any person claiming through government or employer has suffered a loss or damage and it is necessary that such losses have occurred by any wrongful action or inaction of that employee in discharge of his official actions arising out of and during the course of his employment which he was expected to have discharged in normal course of his employment with due authorization and diligence and prudence which he was bound to have discharged in his such capacity as the government officer or servant and such losses are yet to be quantified.
If the Judicial proceedings pending in respect of the retired employee is a civil dispute in which his past employer is not a party, independent of any of his official actions, is of nature involves his person, untrammelled of vicarious liability of the government as his past employer, if you have withheld the pension and related payments sans the authority of any court order (mind it that no garnishee order or attachments will be made in respect of gratuity and provident funds by any court), your actions are illegal and you will be held personally liable for the damages by the person against whom you are acting. Adversary might have informed you or might have shown you as a witness, that itself does not authorise you or the government to withhold the pension. Secondly a witness is not empowered to delegate his knowledge, unlike his non statutory powers, in a Judicial proceedings. You can choose to remain absent, but the other party can prefer to compel your presence through warrant also besides you run the risk of adverse inference against you in the matter by your inaction. The option of Power of Attorney is incorrect, totally inappropriate and an elusive ill in this case.
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